Statements on Introduced Bills and Joint Resolution

Floor Speech

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Mr. WYDEN. Madam President, one topic there is much agreement on is the benefits of work, and our laws should support those who want to work. The bill I am introducing today will change Social Security so that parents and their children will know that working will never disadvantage them in the future.

Let me explain the problem. Under current law, a child with a disability that began before age 22 may receive a Social Security benefit based on the work of a disabled, retired or deceased parent. Often the child receives this benefit for the rest of their life. Social Security provides the benefit because the child is usually dependent on their parents for financial support. The problem is that the law regards earnings by the child above $1,310 a month as ending that dependency--even if the child is no longer able to maintain that level of work in the future. When that dependency ends, the child ceases to be eligible for the benefit from the parent. Instead, the child would receive a benefit based on their work. The benefit from the parent's work is often significantly larger than the child's own benefit. Because of this policy, parents of children with disabilities may prevent their child from working at their full potential, fearing that the work will cause the child to lose out on the larger benefit. We need to change Social Security to ensure parents and their children that working will not cause them to be worse off in the future.

To provide that assurance, I am introducing the Work Without Worry Act. The bill ensures that any individual with a disability that began before age 22 will receive the larger of the benefit from either their parent's work or the benefit from their own work. Any earnings from work--no matter how much--will not prevent the child from receiving a Social Security benefit from their parent's work as long as the child is eligible for disability insurance by the same impairment from before age 22. This legislation would give parents the assurance that their child with a disability can work without having to worry that the child will lose out on the full protections that Social Security provides.

I want to thank Kathy Holmquist, President of Pathways to Independence, Inc. in Portland, Oregon, who has been a leader in my state helping people with disabilities live and work with dignity. Kathy contacted me about the need for this legislation and I appreciate her advocacy and support. Additional thanks to The Arc for the technical assistance and endorsement of the bill. The bill is also endorsed by the American Network of Community Options and Resources (ANCOR), Consortium for Citizens with Disabilities (CCD) Social Security Task Force, National Down Syndrome Congress, and The Association of University Centers on Disabilities. I am grateful that Social Security Subcommittee Chairman John Larson is introducing the companion bill in the House of Representatives. The Senate bill is cosponsored by Senators Cassidy, Brown, Klobuchar, Sanders, Leahy, Merkley and Casey.

So ordered S. 2108

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Work Without Worry Act''. SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD DISABILITY BENEFICIARIES.

(a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended--

(1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and--

``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and

``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and

(2) by adding at the end the following new paragraphs:

``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who--

``(i) has not attained early retirement age (as defined in section 216(l)(2));

``(ii) has filed an application for child's insurance benefits; and

``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223.

``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who--

``(i) has attained early retirement age (as defined in section 216(l)(2));

``(ii) has filed an application for child's insurance benefits; and

``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a).

``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined--

``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and

``(ii) before application of section 224.

``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''.

(b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section. ______

By Mr. DURBIN (for himself, Mr. Reed, Ms. Duckworth, Mr. Whitehouse, and Mr. Sanders):

S. 2124. A bill to prohibit the award of Federal Government contracts to inverted domestic corporations, and for other purposes; to the Committee on Homeland Security and Governmental Affairs.

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